Author: Arjun Asothan – Immigration Lawyer
Adult Migrant English Program (AMEP): Legislative update clarifies visa eligibility
The Australian Government has introduced the Immigration (Education) (Classes of Temporary Visas Eligible for English Courses) Determination 2026. This instrument replaces the previous instrument (LIN 21/013) and clarifies which temporary visa holders are eligible to access the Adult Migrant English Program (AMEP).
AMEP provides free English language classes to eligible migrants and humanitarian entrants to support settlement, employment, and community participation in Australia.
Why this AMEP legislative update is important
While the change is largely administrative, it has a practical impact on access to English education. Previously, the rules distinguished between current (active) visas and repealed (no longer issued) visas. This created confusion, particularly where a person holds a visa that is no longer available to new applicants or applied for a visa that has since been removed from legislation.
The new determination combines these into a single list, making it clearer that eligibility continues regardless of whether the visa is still actively issued.
What this AMEP legislative update means in practice
The key outcome is continuity. Individuals who currently hold an eligible temporary visa or have applied for one (even if that visa has since been repealed), remain eligible for AMEP. This ensures that access to English language support is not affected by technical legislative changes.
Who is affected by the AMEP legislative update?
The updated determination covers a range of temporary visa holders, including:
- Partner visa applicants and holders (subclasses 309, and 820)
- Skilled regional provisional visa holders (current subclasses 491 and 494, and former subclass 489)
- Business Skills and Investor (provisional) visa holders (current subclass 858, and former subclasses 160–165, and 188)
- Humanitarian and protection visa holders (subclasses 785, 786 and 1790)
- Bridging F visa holders in specific circumstances (former subclass 060)
- Resolution of Status visa holders (former subclass 850)
- Interdependency (Provisional) visa holders (former subclass 310)
- Dependent Child applicants and visa holders (subclass 445)
- Humanitarian Stay (Temporary) applicants and visa holders (subclass 449)
- Skilled – Regional Sponsored visa holders (former subclass 475 and 487)
- Independent Regional (Provisional) visa holders (former subclass 495)
Importantly, this also includes individuals holding older or repealed visa subclasses, ensuring they are not excluded from AMEP.
Why AMEP access is important
English language proficiency plays a key role in:
- Securing employment
- Understanding workplace rights and obligations
- Accessing services such as healthcare and education
- Participating fully in the community
Key takeaway
The new determination does not significantly change eligibility, but it makes the rules clearer and more inclusive. By consolidating visa categories into a single framework, the legislation ensures that eligible migrants can continue to access English language support without interruption, even as visa programs evolve.
For more information on this update, or for any immigration assistance, please contact our Immigration Lawyers at admin@absoluteimmigrationlegal.com